Plaintiffs filed an action defendants, Bouncing Angels, Inc. for, among other things, patent and copyright infringement. Plaintiffs successfully moved the district court to allow them to amend the complaint to add the owner of defendant Bouncing Angels, Inc., as a defendant based on financial evidence they discovered that could support…
Patent Lawyer Blog
District Court Stays Action Pending Appellate Review of Motion to Compel Privileged Documents
The district court had previously ordered plaintiffs to produce certain documents to the extent that documents containing communications between plaintiff and its non-attorney patent agents were not subject to the attorney-client privilege. The district court ordered a one-week stay to allow the filing of any appeal. Rather than producing the…
Petitioner’s Reliance on the Service Date in the Proof of Service Dooms Petitions
In IPR2015-00838 and IPR2015-00840, Petitioner Tristar Products, Inc. (“Petitioner”) filed petitions to instituted IPRs of certain claims of U.S. Patent Nos. 8,485,565 and 8,622,441 owned by Choon’s Design, LLC (“Patent Owner”). Previously, the Patent Owner had sued the Petitioner on the ‘565 and ‘441 patents. The issue was whether was…
District Court Allows Discovery to Re-Open to Permit Plaintiff to Compel Defendant to Produce Update Sales Records prior to Trial
Isola USA Corp. (“Isola”) moved to compel Taiwan Union Technology Corp. (“TUC”) to provide updated sales data in response to document requests an interrogatories. In response to this discovery, TUC had previously provided sales data on allegedly infringing products that covered a period up to December 31, 2014. Isola moved…
District Court Awards Defendant Its IPR-Related Fees Under § 285
In Deep Sky Software, Inc. v. Southwest Airlines Co., Defendant Southwest Airlines (“Southwest”) sought its fees and costs following the successful inter partes review of the patent-in-suit, which resulted in all of the asserted claims being invalidated. Among the fees and costs Southwest sought were those related to the filing…
District Court Denies Motion to Dismiss for Lack of Personal Jurisdiction Where Plaintiff Sent ANDA Notice Letter
Defendants, Nang Kuang Pharmaceutical Co., Ltd. (“Nang Kuang”) and CANDA NX-2, LLC (“CANDA”) (collectively, “Defendants”) filed a motion to dismiss, asserting that the patent infringement action filed by Plaintiffs, Eli Lilly and Company (“Lilly”) and the Trustees of Princeton University (collectively, “Plaintiffs”), should be dismissed for lack of personal jurisdiction.…
District Court Grants Summary Judgment of No Damages for Failure to Mark
Plaintiff Juno Manufacturing, LLC (“Plaintiff” or “Juno”) filed a patent infringement complaint against Defendant Nora Lighting, Inc. (“Defendant” or “Nora”). The complaint alleged that Defendant infringed Plaintiff’s patent, No. 5,505,419 (the “‘419 Patent”), entitled Bar Hanger for a Recessed Light Fixture Assembly. Nora filed a motion for summary judgment seeking…
District Court Denies Motion to Exclude CEO from Providing Expert Testimony on Infringement
Defendant filed a motion to strike plaintiff’s expert report on infringement, asserting that the report failed to comply with Fed.R.Civ.P. 26 because, among other things, the report did not constitute a written report under Rule 26. Instead, the plaintiff had provided a declaration from its CEO, who was also the…
Enovsys v. AT&T: Court Excludes Plaintiff’s Damage Expert for Failure to Apportion and Sua Sponte Bifurcates Trial into Liability and Damage Phases to be Tried to Different Juries
After the court struck plaintiff’s damage expert’s report for failing to tie damages to the limited feature of the patented invention, the court permitted the plaintiff to submit a supplemental expert report. Once the supplemental expert report was served, AT&T again moved to exclude the plaintiff’s damage expert from the…
Motion for Judgment on the Pleadings Based on Unpatentability Under Section 101 Denied Where Patents Were Not Directed to an Abstract Idea
Defendants Motorola Mobility, LLC, Amazon.com, Inc., Apple Inc., Huawei Technologies Co., Ltd., Huawei Device USA, Inc., HTC Corp., HTC America, Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Defendants”), filed a Joint Renewed Motion for Judgment on the Pleadings Declaring All Asserted Patent…